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WHEN RECORDED RETURN TO:
Maricopa County Real Estate Department
280 I W. Durango Street
Phoenix, AZ 85009
EXEMPT A.R.S. § 11-1134, A.2
LA / WJ
TEMPORARY CONSTRUCTION EASEMENT
Assessor's Parcel No.: 142-55-503
Project No.: TT0372
Project Name: Northern Parkway
Termini: 991h Ave-871hAve
Item No.: D24446-TCE (LA)
This Temporary Construction Easement ("Easement") is entered into by and between Bank of
America, National Association, a national banking association, who acquired title as Bank of
America, N.A., a national banking association, hereinafter referred to as GRANTOR, the owner
of the real property situated in Maricopa County, Arizona, which property is set forth in instrument
number 20030122013 in the official records of Maricopa County (the "Property"), and Maricopa
County, a political subdivision of the State of Arizona, its assigns and successors in title or interest,
hereinafter collectively called GRANTEE.
GRANTOR hereby grants a Temporary Construction Easement ("TCE''), together with
the right and privilege of entering upon the specified area subject to the conditions set forth herein,
on, over and across that portion of the Property legally described on Exhibit "A-I" and depicted in
Exhibit ''A-2" attached hereto (the "Easement Area") for the purpose of facilitating construction
of the project known as TT0372 on the adjacent parcel ("'Project").
1. Term and Consideration. GRANTOR, for and in consideration of the sum of ONE
DOLLAR ($1.00), lawful money of the United States of America, and other good and valuable
consideration, the receipt whereof is hereby acknowledged, does hereby grant to GRANTEE the
TCE over and across the Easement Area for a term commencing upon the ful l execution and
recording of this Easement and expiring upon the earlier of (a) the date that is two (2) years from
the date GRANTEE commences construction of the Project or (b) the date of completion of the
Project (the "TCE Term"). GRANTEE shall be permitted to extend the TCE Term for one (I)
additional period of six (6) months (the "TCE Extension Term") upon written notice to
GRANTOR at least thirty (30) days prior to expiration of the TCE Term and issuance of additional
consideration in GRANTEE shall provide written notification to GRANTOR of the initiation of
construction activities no less than thirty (30) calendar days in advance of construction activities.
2. Damages. The GRANTEE shall be liable for any damage to the TCE Area, and/or any
Page 1 of9
improvements therein, caused by GRANTEE, its employees, agents or contractors during the
TCE Term and TCE Extension Term, if applicable. Any improvements damaged as a result of
GRANTEE'S use of the TCE Area or otherwise on the Propetty will be repaired and if
necessary, replaced in kind by GRANTEE, at GRANTEE's sole cost and expense.
3. Extinguishment and Removal. No later than ten ( I 0) business days following expiration of
the TCE Term or TCE Extension Term, as applicable, GRANTEE shall (a) record a document
extinguishing this TCE in the office of the Maricopa County Recorder, which document may be
executed on behalf of the GRANTEE by the Director of the Maricopa County Real Estate
Department, and (b) remove its equipment, fixtures and all personal property and restore the
Easement Area and any other portion of the Property impacted by its use, including without
limitation, signage, landscaping or other GRANTOR improvements, to its original condition,
reasonable wear and tear excepted.
4. Signage.
A. During the TCE Term, as the same may be extended, GRANTEE shall take all
commercially reasonable measures to protect in place any existing improvements located within
the Temporary Easement Area, including without limitation, the existing monument sign (the
"Sign"). GRANTEE shall be responsible, at its sole cost and expense, to repair any damage to the
Property, building or other improvements located thereon, including the Sign, to the extent caused
by GRANTEE, its employees, contractors, subcontractors, agents or representatives. GRANTEE
shall promptly restore any affected areas of the Property, including without limitation any
excavated area and its surface to the same condition as immediately prior to the commencement
of any such work or activity.
B. GRANTEE acknowledges and agrees that at all times throughout the TCE Term, as the
same may be extended, and following GRANTEE's purchase of the Acquisition Parcel,
GRANTEE's construction of its improvements or use of the Temporary Easement Area shall not
interfere with or affect visibility of the Sign from the public right of way or access to the Sign for
the purposes of repair, maintenance and replacement thereof. GRANTEE hereby grants any third
parties, including GRANTOR or any other owners of adjacent parcels tasked with Sign
maintenance or repair, and the respective employees, agents or contractors, access over and use of
the Acquisition Parcel for purposes of accessing the Sign to perform any necessary repair,
maintenance, improvement, or replacement of the same.
5. Interference. GRANTEE agrees to exercise its right under this Easement or with respect to
the completion of the Project in a manner which does not (i) impact the buildings and
improvements situated on the Property (which shall also include paved areas, signage, and curbs)
or (ii) interfere with, block or modify pedestrian or vehicular access, including the ADA compliant
path of travel, from public right of way to the Property. There shall be no parking of vehicles by
GRANTEE at the Property, except that GRANTEE may park its vehicles (excluding any
construction vehicles or trucks which must be approved by GRANTOR in advance) in the parking
lot at the Property during its use of the Easement Area. GRANTEE's use of the Easement Area or
construction of the Project shall not interfere with GRANTOR' s utility connections extending
over, under or across the Property.
Project No.: TT0372
Project Name: Northern Parkway
Page 2 of9
Parcel No.: 142-55-503
Item No.: D24446 (LA)
6. Compliance with Laws. GRANTEE shall comply with all municipal, county, state, federal
and other applicable governmental entities' laws, rules, ordinances, and requirements which are
now in force, or which may hereafter be in force (collectively ·'Laws"), that are applicable to
GRANTEE's uses in the Easement Area with respect to the Project.
7. Environmental. GRANTEE will be responsible for all obligations of compliance with any
and all environmental and industrial hygiene laws, including any regulations, guidelines,
standards, or policies of any governmental authorities regulating or imposing standards of I iability
or standards of conduct with regard to any environmental or industrial hygiene conditions or
concerns as may now or at any time hereafter be in effect, for the Easement Area and that are or
were in any way related to GRANTEE's completion of the Project, unless such conditions or
concerns are caused by the specific activities of GRANTOR on the Property or in the Easement
Area. GRANTOR will be responsible for all obligations of compliance with any and all
environmental and industrial hygiene laws, including any regulations, guidelines, standards, or
policies of any governmental authorities regulating or imposing standards of liability or standards
of conduct with regard to any environmental or industrial hygiene conditions or concerns as may
now or at any time hereafter be in effect, for the Property and that are or were in any way related
to GRANTOR's use of the Property, unless such conditions or concerns are caused by the specific
activities of GRANTEE on the Property or in the Easement Area with respect to the Project.
Project No.: TT0372
Project Name: Northern Parkway
Page 3 of 9
Parcel No.: 142-55-503
Item
o.: D24446 (LA)
Dated this 26th day of _A_u_g_us_t __
~ 2024.
GRANTOR: Bank of America, National Association, a national banking association, who
acquired title as Bank of America, N.A., a national banking association.
Its: Vice President
ST A TE OF
North Carolina
COUNTY OF
Mecklenburg
)
) ss.
)
On this 26th
day of August , 2024. before me, the undersigned, Notary Public in and for the
State of North Carolina duly commissioned and sworn, personally appeared Michelle Parker to me
known to be the Vice President of Bank of America, National Association, a national banking
association, who acquired title as Bank of America, N.A., a national banking association that
executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary
act and deed of said corporation. for the uses and purposes therein mentioned. and on oath stated that he/
she/they is/are authorized to execute the said instrument and that the seal affixed is the corporate seal of
said corporation.
WITNESS my hand and official seal I
Site ID: AZ3- l 28
Project No.: TT0372
Project Name: Northern Parkway
residing at--------- -~
My Commission Expires: _ __._l o
___ --=2'--""'2._3=------
LISA STONE
Notary Public
Gaston Co., North Carolina
My Commission Expires Oct. 2, 2028
Page 4 of 9
Parcel No.: 142-55-503
Item
o.: D24446 (LA)
RECOMMENDED FOR APPROVAL:
Senior Right of Way Agent
Approved as to form and within the powers
and authority of the Board of Supervisors
Deputy County Attorney
Date
Right of Way Supervisor
ACCEPTED:
Board of Supervisors of Maricopa County
Chairman of the Board of Supervisors
Date
ATTEST:
Clerk of the Board of Supervisors
Date
Project No.: TT0372
Project Name: Northern Parkway
Page S of9
Parcel No.: 142-55-503
Item No.: D24446 (LA)
9/13/2024
Wood, Patel & Associates, Inc.
602.335.8500
www.woodpatel.com
LEGAL DESCRIPTION
Northern Avenue
Portion of APN 142-55-503
D24446 -TCE
Temporary Construction Easement
Revised July 5, 2023
May 26, 2023
WP# 215248.80
See Exhibit "A-1 "
A portion of Lot 17, Peoria Crossings Amended, recorded in book 649, page 14, Maricopa County
Records (MCR), lying within Section 33, Township 3 North, Range 1 East, of the Gila and Salt
River Meridian, Maricopa County, Arizona, more particularly described as follows:
COMMENCING at the south quarter corner of said Section 33, a 3-inch Maricopa County
Department of Transportation (MCDOT) brass cap in handhole, from which the southeast corner
of said section, a 3-inch MCDOT brass cap in handhole, bears North 88°40'27" East (basis of
bearing), a distance of 2661 .77 feet;
THENCE along the south line of said section, North 88°40'27" East, a distance of 1327.78 feet;
THENCE leaving said south line, North 01°19'33" West, a distance of 107.86 feet, to the west line
of said Lot 17 and the POINT OF BEGINNING;
THENCE along said west line, North 00°00'00" East, a distance of 25.64 feet;
THENCE leaving said west line, North 77°09'55" East, a distance of 35.80 feet;
THENCE South 00°20'15" East, a distance of 43.08 feet;
THENCE North 89°51'21" East, a distance of 225.71 feet, to the east line of said Lot 17;
THENCE along said east line, South 00°00'00" East, a distance of 22.07 feet;
THENCE leaving said east line, North 86°58'13" West, a distance of 46.65 feet;
THENCE South 88°47'48" West. a distance of 182.66 feet;
THENCE North 45°37'44" West, a distance of 20.00 feet;
THENCE North 00°00'20" West, a distance of 18.80 feet;
THENCE South 89°56'44" West, a distance of 15.52 feet;
Page 6 of 9
Legal Description
Northern Avenue
Portion of APN 142-55-503
D24446
Temporary Construction Easement
Revised July 5, 2023
May 26, 2023
WP# 215248.80
See Exhibit "A-1 "
THENCE South 77°09'55" West, a distance of 1.90 feet, to the POINT OF BEGINNING.
Containing 6,260 square feet or 0.1437 acres, more or less.
Subject to existing right-of-ways and easements.
This parcel description was prepared without the benefit of survey fieldwork and is based on client
provided information. Any monumentation noted in this parcel description is based on said
information.
EXPIRES 12-31-23
Page 7 of 9
L2
POB
PEORIA CROSSINGS AMENDED
BOOK 649, PAGE 14, MCR
~-- LOT2
TARGET CORPORATION
APN 142-55-488
PEORIA CROSSINGS AMENDED
BOOK 649, PAGE 14, MCR
LOT17
\_?>
BANK OF AMERICA NA
APN 142-55-503
PEORIA CROSSINGS 2ND AMENDED
BOOK 692, PAGE 19, MCR
LOT15
INLAND WESTERN GLENDALE LLC
APN 142-55-523
LS
- - -
I\ t -
s88°47'48"W 182.66'~-' -
- -~
-
-
-
L 1 : l
L7
L6
::o ~
_ ___;/_
1327_
78, j
L1o
NORTHERN AVENUE
~ ~
[ -
- -r·
Nss0 40•21"E 2661.11~BAs1soFBEAR1NG-) -
- -
- -
--
- -
--1r-i
SOUTH 1/4 CORNER
SOUTHEAST CORN;R _j
SECTION 33, T3N, R1E
SECTION 33, T3N, R1E
3" MARICOPA COUNTY
3" MARICOPA COUNTY
DEPARTMENT OF
DEPARTMENT OF
TRANSPORTATION
TRANSPORTATION
BRASS CAP IN
BRASS CAP IN HANDHOLE
HANDHOLE
POC
N
EXPIRES 12-31-23
EXHIBIT "A 2"
NORTHERN AVENUE
PORTION OF APN 142-55-503
TEMPORARY CONSTRUCTION EASEMENT
REVISED 07/05/2023
WP# 215248.80
PAGE 8 OF 9
NOTTO SCALE
Z:\2021 \215248\Survey\Legal\5248-L61 R01 .dwg
LINE TABLE
LINE
BEARING
DISTANCE
LINE
L1
NO 1 ° 19'33"W
107.86'
L6
L2
N00°00'00"E
25.64'
L7
L3
N77°09'55"E
35.80'
LB
L4
S00°20'15"E
43.08'
L9
L5
S00°00'00"E
22.07'
L10
EXPIRES 12-31-23
LINE TABLE
BEARING
DISTANCE
N86°58'13"W
46.65'
N45°37'44"W
20.00'
N00°00'20"W
18.80'
S89°56'44"W
15.52'
sn°09'55"W
1.90'
EXHIBIT "A-2"
NORTHERN AVENUE
PORTION OF APN 142-55-503
TEMPORARY CONSTRUCTION EASEMENT
REVISED 07/05/2023
WP# 215248.80
PAGE 9 OF9
NOTTO SCALE
Z:\2021\215248\Survey\Legal\5248-L61 R01.dwg